Arizona

Criminal Procedure

Criminal Procedure

Rule 29.1 – Grounds and Notice

(a)Generally. A person who has completed probation or a sentence may apply in writing to the court to set aside a conviction under A.R.S. § 13-905. The court must provide a person with written notice of this opportunity at the time of sentencing.
(b)Sex Trafficking Victims. Under A.R.S. § 13-909, a sex trafficking victim may apply in writing to the court to vacate the victim’s conviction under A.R.S. § 13-3214, or a city or town ordinance that has the same or substantially similar elements, if the offense was committed before July 24, 2014.

Ariz. R. Crim. P. 29.1

Added August 31, 2017, effective January 1, 2018; amended and effective on an emergency basisAugust 9, 2017, adopted on a permanent basis January 1, 2018; amended on an emergency basis June 15, 2018, effective August 3, 2018, adopted on a permanent basis December 13, 2018; amended July 3, 2019, effective August 27, 2019.

COMMENT

Rule 29 implements A.R.S. §§ 13-905 and -909. Upon conviction of a felony, a person is deprived of rights including the right to vote (Ariz. Const. art. 7, § 2 ); the right to bear arms if the conviction was for a crime of violence (A.R.S. §§ 13-3101 to -3102); the right to serve on a jury (A.R.S. § 21-201 ); the right to practice a number of professions and occupations, including law (Ariz. Sup. Ct. 54(g) ), accounting (A.R.S. § 32-741 ), and beauty culture (A.R.S. § 32-553 ); and, if a life sentence is imposed, the rights negated by a declaration of civil death (A.R.S. §§ 13-904, 13-4301 ).

HISTORICAL AND STATUTORY NOTES

Former Rule 29.1, relating to grounds and notice, was abrogated effective January 1, 2018.